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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the problem of the Credit Note is an act of industrial great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller thinks about the Quote contains a mistake, such a miscalculation of the Purchase Cost, the Seller may at any time, including after delivery of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Buyer will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has actually been overestimated and elects not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Cost and the price that would have been the Purchase Price if the error had not been made.

The Seller reserves the list below rights in relation to the Product until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to enter the Purchaser's premises (or the properties of any associated Company or agent where the Item lie) without liability for trespass or any resulting damage and to take belongings of the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Product are re-sold, or products made utilizing the Product are sold by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice rate of the Product sold or used in the manufacture of the Product sold in a separate identifiable account as the beneficial residential or commercial property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's home in the Item is not impacted by the fact that the Item end up being components connected to the facilities of the Buyer or a 3rd party, and if the Seller enters those properties for the purpose of recovering possession of the items, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Warwick Western Australia.

Our liability in respect of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own expense. Our guarantee duration is 12 months from the date of approval of the products, and is only legitimate for problems or failure under correct use and which arise entirely from malfunctioning design, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as supplied in stipulation 35, all express and implied service warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Product for any purpose; or (b) design, assembly, setup, materials or craftsmanship; or (c) advice, recommendations, details or services provided by the Seller, its workers, servants or representatives to the Buyer relating to the Item, their use and application, are specifically omitted.

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The Seller will not be responsible to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Goods including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, recommendations, details or services provided by the Seller or the Seller's agents or employees.

34. If the Product are defective, the Seller will make great the flaw by doing any one of the following at its option: (a) repairing the Goods; or (b) changing the Goods; or (c) taking the products back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Product or getting comparable Goods; (d) the payment of the expense of having actually the Product repaired (Nutritionist in Marangaroo Western Australia).

36. The Purchaser should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first provided its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our catalogues, cost lists and other advertising matter, are intended simply to offer an indicator of the items explained therein and none of these will form part of the contract unless specifically concurred in writing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the goods, an imprint to that impact may be affixed and it should not be defaced obliterated or eliminated from the items. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the products. Nutritionist in Aveley WA.

If the Seller has followed a style or guidelines provided by the Purchaser, the Buyer will indemnify the Seller against all damages, penalties, costs and costs of the Seller arising from any violation of a patent, trademark, registered design, copyright or common law right. The Purchaser on its part warrants that any design or guideline provided by it will not cause the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no duty will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or implied will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in composing no provision for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Gym in Brabham . Unless specified somewhere else it is the purchaser's responsibility to acquire any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We shall be eliminated of our liability or duty of performance of this agreement wherever and to the extent to which fulfilment of the very same is avoided, annoyed or prevented as a repercussion of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding statement, funding modification statement, security arrangement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and concurs that these conditions constitute a security contract for the purposes of the PPSA and creates a security interest in all Goods that have formerly been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.